Case law

Gilliam v. Nevada Power Co.

488 F.3d 1189 · Court of Appeals for the Ninth Circuit · May 31, 2007

("NPC Plan"), a non-qualified pension plan intended to provide retirement benefits to certain highly-compensated executives selected by the Board of Directors. … United States, 435 U.S. 21, 25 , 98 S.Ct. 917 , 55 L.Ed.2d 82 (1978) ("Wages usually are income, but many items qualify as income and yet clearly are not wages."). 8 Nevada Power Company also challenges the district court's

United States v. Figueroa-Lopez

125 F.3d 1241 · Court of Appeals for the Ninth Circuit · Sep 9, 1997

A holding to the contrary would encourage the Government to offer all kinds of specialized opinions without pausing first properly to establish the required qualifications of their witnesses. … Given this background, we are certain he was qualified to deliver the opinion testimony disputed in this case, and the failure formally to go through the usual process-although an error-was clearly harmless.

James Adkins v. Paul Suba

537 F. App'x 721 · Court of Appeals for the Ninth Circuit · Aug 12, 2013

The district court also correctly denied qualified immunity to Anciano and Artui. … This right was clearly established in October 2009. Id. Adkins also adequately pled a violation of his First Amendment rights.

Ponce v. Construction Laborers Pension Trust for Southern California

774 F.2d 1401 · Court of Appeals for the Ninth Circuit · Oct 25, 1985

Establishing national reciprocity agreements under which credited service with one local could be transferred to another. 681 F.2d at 1126 . … CLPT’s goal of providing sufficient incentive to qualified employees to reduce employee turnover. Ponce, 582 F.Supp. at 1318 .

RINCON BAND OF LUISENO MISSION v. Schwarzenegger

602 F.3d 1019 · Court of Appeals for the Ninth Circuit · Apr 20, 2010

No one disputes that requir- ing a tribe to waive its sovereign immunity from state taxation in order to obtain a compact is clearly contrary to IGRA. … Instead, it exercises its authority to negotiate, which IGRA clearly permits.” Id.

Microsoft Corporation v. Motorola Mobility

795 F.3d 1024 · Court of Appeals for the Ninth Circuit · Jul 30, 2015

The panel noted that the doctrine does not immunize a party from actions that amount to a breach of contract. … At that point, Motorola was aware that the present lawsuit could establish RAND rates. “A patentee subject to FRAND commitments may have difficulty establishing irreparable harm.”

Mendoza-Pablo v. Holder

667 F.3d 1308 · Court of Appeals for the Ninth Circuit · Feb 7, 2012

The IJ denied the request, ruling that “no good cause ha[d] been established” for a continuance. … While “[t]he BIA’s interpretation of immigration laws is entitled to deference ... [,] we are not obligated to accept an interpretation clearly contrary to the plain and sensible meaning of the statute.”

Bassiri v. Xerox Corp.

463 F.3d 927 · Court of Appeals for the Ninth Circuit · Sep 11, 2006

We will not upset that established definition unless compelled to do so. … As the Supreme Court noted in Morash, “[t]he precise coverage of ERISA is not clearly set forth in the Act.” 490 U.S. at 113.

Rattray v. City Of National City

36 F.3d 1480 · Court of Appeals for the Ninth Circuit · Oct 7, 1994

and Veterans Code section 392 [granting immunity to members of the militia for acts performed in the course of their duties], California is immune from suit based on [a member of the militia's] alleged negligence unless … We adopt the holding of the Second Circuit. 36 According to established practice, all elements of a defamation claim, with the exception of actual malice in the case of a public official, must be proved by a preponderance

Jonathan Neuber v. Joshua Pritt

707 F. App'x 889 · Court of Appeals for the Ninth Circuit · Dec 20, 2017

The district court properly granted summary judgment on the basis of qualified immunity because defendants’ conduct did not violate clearly established law. See Plumhoff v. Rickard, 134 S. … Ct. 2012, 2023 (2014) (officials sued under § 1983 are entitled to qualified immunity unless they violated a right that was clearly established; “a defendant cannot be said to have violated a clearly established right

United States v. Walter Higginbotham

539 F.2d 17 · Court of Appeals for the Ninth Circuit · Jul 19, 1976

This is true whether we hold the district court’s holding as one of law or as an issue of fact under the clearly erroneous rule. … The burden of proof to establish guilt beyond a reasonable doubt remains with the government.

Haugsted v. United States

68 F.2d 148 · Court of Appeals for the Ninth Circuit · Dec 4, 1933

For even though there be but one sale of a small quantity, the concomitant circumstances may be such that it is logical to conclude it was made in the ordinary course of an established business. Rachel v. … This case is* clearly distinguishable from Olivito v. United States (C. C.

SEC v. Platforms Wireless Intern. Corp.

617 F.3d 1072 · Court of Appeals for the Ninth Circuit · Aug 16, 2010

In light of the above, the district court’s decision was neither “clearly unreasonable” nor inequitable. … [7] Rule 144 establishes several explicit safe harbors that qualify for the Section 4(1) exemption.

Michael Bailey v. D. Cox

358 F. App'x 942 · Court of Appeals for the Ninth Circuit · Dec 14, 2009

The district court properly granted summary judgment on qualified immunity grounds on Bailey’s claims against defendant Cox because the law was not clearly established that the conditions to which Bailey was exposed in

California State Foster Parent Ass'n v. Wagner

624 F.3d 974 · Court of Appeals for the Ninth Circuit · Aug 30, 2010

Section 672(a) requires the State to make foster care maintenance payments “on behalf of each child” qualifying for foster *980 care. … We therefore conclude that § 672(a)’s language is clearly mandatory, satisfying the third and final Blessing factor.

United States v. Cottrell

333 F. App'x 213 · Court of Appeals for the Ninth Circuit · Sep 8, 2009

Evidence established that Cottrell obtained maps to the car dealerships and used his car to transport the group throughout the night. … In the face of this substantial evidence of his involvement, the jury’s guilty verdict was clearly based on sufficient evidence. B.

Associated General Contractors of California, Inc. v. Coalition for Economic Equity

950 F.2d 1401 · Court of Appeals for the Ninth Circuit · Dec 6, 1991

These accounts include numerous reports of MBEs being denied contracts despite being the low bidder, MBEs being told they were not qualified although they were later found qualified when evaluated by outside parties, MBEs … Section 1983 provides a cause of action for the deprivation under color of state law of any rights, privileges, or immunities secured by the Constitution and federal laws.

CONFEDERATED TRIBES AND BANDS v. Gregoire

658 F.3d 1078 · Court of Appeals for the Ninth Circuit · Sep 23, 2011

We therefore hold that the provisions of the current Act are not materially different from those upheld in Colville, and that they do not contravene established principles of Indian tax immunity. … Con- federated Tribes of the Colville Indian Reservation, 447 U.S. 134 (1980), and they follow established principles of Indian tax immunity. Thus, I concur in the judgment.

Jacqueline Benjamin v. B & H Education

877 F.3d 1139 · Court of Appeals for the Ninth Circuit · Dec 19, 2017

The extent to which the intern and the employer clearly understand that there is no expectation of compensation. … The test it establishes for employment is one of “control” that cannot be usefully applied to a school.

O'GUINN v. Lovelock Correctional Center

502 F.3d 1056 · Court of Appeals for the Ninth Circuit · Sep 5, 2007

O’Guinn’s complaint clearly-pleaded ADA and Rehabilitation Act statutory violations. … Further, the factual assertions in the second amended complaint are directly related to establishing elements in his ADA and Rehabilitation Act causes of action.